UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on December 20 , 20 1 3

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

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___ ______________________________________________________________________________________________________ ____________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter).

Application of US AIRWAYS, INC. (US AIRWAYS) filed 12/4 /1 3 for:

XX E xemption for two years under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property and mail between the United States and Quito and Guayaquil, Ecuador

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Applicant rep: Howard Kass (202) 326

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DOT Analyst: Darren Jaffe (202) 366

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DISPOSITION

XX Approved , subject to conditions

The above action granting exemption authority was effective when taken : December 20

, 20 1 3

, through

December 20

, 201 5

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the U.S.

- Ecuador Air Transport Agreement of 1986, as

modified.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations

indicated:

XX Holder’s certificates of public convenience and necessity

XX Standard exemption conditions (attached as Appendix A )

____________________________________________________________________________________ Conditions: The exemption authority granted to US Airways is limited to services provided on a code

share basis only.

The code

- share operations conducted under this authorization are subject to the following conditions:

(a) The code

- share operations conducted under t his authority must comply with 14 CFR 257 and with any amendment to the Department’s regulations concerning code

- share arrangements that may be adopted. Notwithstanding any provisions in the contract between the carriers, our approval here is expressly con ditioned upon the requirements that the subject foreign air transportation be sold in the name of the carrier holding out such service in computer reservation systems and elsewhere; that the carrier selling such transportation (i.e., the carrier

shown on t he ticket) accept responsibility for the entirety of the code

- share journey for all

1 US Airways states that it intends to commence service following its merger with American Airlines, Inc. (“A merican ”) and that it will provide service pursuant to a codeshare arrangement with American on these routes

.obligations established in its contract of carriage with the passenger; and that the passenger liability of the operating carrier be unaffected.

(b) The authority granted her e is specifically conditioned so that neither carrier nor its code

- share partner(s) shall give any force and effect to any contractual provisions between themselves that are contrary to these conditions.

_____________________________________________________________________________________ On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the applicant qualified to provide the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of the exemption authority was consistent with the public interest; and (3) grant of the authority would not constitute a major federal action under the Energy Policy and Conservation Act of 1975. To the extent not granted, we denied all requests in the

referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion.

Persons enti tled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR §385.30, may file their petitions within sev en ( 7 ) days after the date of

issuance of this Notice. This action was effective when taken, and the filing of a petition for review will

not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at: http://www.regulations.govAppendix A

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served;

(2) Comply with applicable requirements conc erning oversales contained in 14 CFR 250 (for scheduled operations, if authorized);

(3) Comply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that covera ge to the Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses;

(6) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security Administration, and with all applicable U.S. Government requirements concerning security, including, but not limited to, 49 CFR Part 1544. To assure compliance with all applicable U.S. Government requirements concerning security, the holder shall, before commencing any new service (including charter flights) to or from a foreign airport, contact its Principal Security Inspector (PSI) to
advise t he PSI of its plans and to find out whether the Transportation Security Administration has determined that security is adequate to allow such airport(s) to be served;

(7) Comply with such other reasonable terms, conditions, and limitations required by th e public interest as may be prescribed by the Department of Transportation, with all applicable orders and regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

The authority granted shall be effective only duri ng the period when the holder is in compliance with the conditions imposed above.

1/2008